Case Summary (G.R. No. 209538)
Background of the Case
The case revolves around the petitioners, Nestorio W. Laya and Rudy Martin, challenging the construction activities of the respondents, Spouses Edwin and Lourdes Triviao, within a residential area designated as a low-density residential zone according to San Pedro's Zoning Ordinance. The respondents obtained the necessary permits to convert part of their residential unit into a mini-grocery store, which led to complaints from the petitioners regarding violations of zoning laws.
Legal Proceedings Initiated by Respondents
In response to the construction activities, the petitioners filed a complaint with the Office of the Municipal Mayor and subsequently approached the Housing and Land Use Regulatory Board (HLURB) after perceiving a lack of action. They contended that the construction was in violation of zoning laws, harmful to the residential character of the area, and detrimental to residents in terms of traffic and sanitation.
HLURB’s Initial Decision
On February 16, 2001, HLURB dismissed the petitioners' initial appeal for lack of merit. The petitioners then filed a verified petition for review with the HLURB on March 5, 2001, which resulted in a Temporary Restraining Order (TRO) on April 18, 2001, commanding the respondents to cease construction activities temporarily. This TRO was subsequently made permanent in an order dated May 30, 2001.
Appeal to the Court of Appeals
Respondents challenged the HLURB's decision in the Court of Appeals (CA), asserting that the HLURB lacked jurisdiction over the case. The CA sided with the respondents, reversing the HLURB's earlier decisions and dismissing petitioners' appeal due to alleged procedural failures, including timeliness and the correct forum for filing the appeal.
Issues Raised by Petitioners
The petitioners raised several assigned errors, contesting the CA's ruling on jurisdiction, the timing of the filing of their pleadings, and the assertion that the construction violated zoning ordinances. They argued that respondents were estopped from questioning HLURB's jurisdiction and contended that the proper appeals channel was indeed HLURB, rather than the local zoning authorities, due to a lack of an established Zoning Appeals Board at the time.
Supreme Court's Findings
The Supreme Court found merit in the petitioners’ arguments, emphasizing that the respo
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Case Overview
- The case is a Petition for Review on Certiorari under Rule 45 of the Rules of Court.
- The petitioners, Nestorio W. Laya and Rudy Martin, are contesting the Decision of the Court of Appeals (CA) in CA-G.R. SP No. 66923 promulgated on September 27, 2002, and the CA Resolution dated July 4, 2003, which denied their Motion for Reconsideration.
Parties Involved
- Petitioners: Nestorio W. Laya and Rudy Martin.
- Respondents: Spouses Edwin and Lourdes Triviao, the registered owners of a residential unit in La Pacita Complex Subdivision, San Pedro, Laguna.
Background of the Case
- The Triviao spouses have operated a mini-grocery store since 1987, which had expanded to occupy more than half of their residence by 2000.
- They applied for a building permit for renovations, receiving a Zoning Certification from Zoning Administrator Pablito Tolentino on June 21, 2000.
- The Triviaos obtained necessary endorsements from various local authorities indicating no objection to the construction.
Objections from Other Homeowners
- On July 11, 2000, fellow homeowners (including the petitioners) objected to the construction, claiming it violated the San Pedro Zoning Ordinance enacted in March 1982.
- They received a copy of the Zoning Certification on July 29, 2000, but opted not to appeal to the Local Zoning Board, instead pursuing a complaint with the Municipal Mayor's Office.
Legal Actions Taken
- On January 12, 2001, the objecting homeowners filed a Petition/Appeal with the HLURB (Housing and Land Use Regulatory Board) citing the construction